Watchdog Wire - North Carolinahttp://watchdogwire.com/northcarolina
Just another Watchdog Wire siteFri, 05 Dec 2014 16:25:24 +0000en-UShourly1http://wordpress.org/?v=4.1.1This government body oversees real estate in North Carolina, but should it?http://watchdogwire.com/northcarolina/2014/12/05/this-government-body-oversees-real-estate-in-north-carolina-but-should-it/
http://watchdogwire.com/northcarolina/2014/12/05/this-government-body-oversees-real-estate-in-north-carolina-but-should-it/#commentsFri, 05 Dec 2014 16:01:52 +0000http://watchdogwire.com/northcarolina/?p=2403One industry that's heavily regulated by existing practitioners: real estate. All 50 states require licenses for real estate agents. And while that may be the right approach to this specific industry, there are still clear opportunities for abuse.

]]>Can you imagine what our economy would be like if businesses were given the power to block competitors from entering the market?

You don’t have to imagine, because that’s exactly what already happens in many industries across America. It’s called occupational licensing, and while it’s supposedly used to protect consumers, what it really does is protect business owners currently in the marketplace by restricting competition.

One industry that’s heavily regulated by existing practitioners: real estate. All 50 states require licenses for real estate agents. And while that may be the right approach to this specific industry, there are still clear opportunities for abuse.

In October, Watchdog Wire obtained North Carolina Real Estate Commission documents showing that three-quarters of real estate schools in the state were failing to meet state standards. In other words, the schools educating potential real estate agents weren’t producing enough students who could pass the state’s real estate exam.

Why was this happening, and what was the commission planning to do about it?

Book smarts

Information obtained by Watchdog Wire suggests that part of the problem may lie in the materials teachers and students rely upon to prepare them for the test. Emails between OnCourse Learning, the publisher of North Carolina Real Estate: Principles & Practices, and an employee of the commission show that a previous edition of the textbook was filled with errors.

“It’s a shame about all these errors in the original 7th edition of NC Real Estate Principles and Practices,” wrote Anita R. Burt, the Education and Examination Officer for the commission.

7th edition (Amazon.com)

The publisher said most errors were grammatical or typographical. North Carolina Real Estate: Principles & Practices is one of two books approved by the Commission for pre-licensing courses.

Because of the errors, an “updated” edition of the book was released. The error-filled 7th edition, which had been approved by the commission, was needed because the 6th edition was outdated, yet still being used by at least one real estate school.

One of the co-authors of the 7th edition, Tom Mangum, is the Vice President and Director of HPW Real Estate School, the third-largest school in the state, and profits from its use. Like many of its peers, his school failed to meet the state’s passing standard. When reached over the phone, he referred me to Bruce Moyer, NCREC’s director of education and licensing.

Other educational materials are prepared by George Bell. These are for continuing education courses. In addition to publishing course materials, Mr. Bell is a member of the NC Real Estate Commission and has his own real estate school.

Could there be a conflict of interest with the commission’s regulation of real estate course materials? Not so, says Moyer.

“The Commission produces the mandatory update course materials,” Moyer explained. “For more than 15 years, Mr. Bell has taken those materials, had them bound, and then sells them to schools.”

To prevent a conflict of interest, Moyer says “Commission members recuse themselves from voting on matters where they might have a conflict of interest.” He added that all members of the commission have been vetted by the NC State Ethics Commission.

Multiple attempts to contact Mr. Bell for comment were unsuccessful.

License to kill

Unfortunately representatives of real estate schools contacted by Watchdog Wire would not answer our questions and referred us to the commission.

“After considering your request, I would ask you to discuss your questions with Bruce Moyer at the NC Real Estate Commission,” said Bill Gallagher, owner of Superior Real Estate, the state’s second largest school. One of his employees, Vic Knight, sits on the commission.

So what do the big schools think about how the commission handles the licensing of their instructors? That remains to be seen. In our next report, Watchdog Wire will explore how smaller real estate schools get along with the NC Real Estate Commission.

One issue real estate instructors and agents could have: the man in charge of licensing once got in trouble with the state for not filing the proper documentation for his business.

Bruce Moyer once had his own firm, Urban Realty, LLC, which was dissolved by the state in 2010. A letter from the Secretary of State’s office explained why the dissolution was occurring.

“Recently, this office conducted an internal review of the annual reports filed for all Limited Liability Companies in North Carolina,” the letter read. “Unfortunately, the review indicates that the above referenced limited liability company [Urban Realty] is not in compliance with the North Carolina Limited Liability Company Act and is delinquent in delivering six (6) annual report(s).”

When asked about the dissolution of this company, Bruce Moyer pushed back.

“I did not lose a business license; I made a decision to close my own brokerage firm and go to work for another firm,” Moyer said. That firm was Superior Real Estate.

Moyer added: “I didn’t file an annual report with the Secretary of State because my business was closing, so they administratively dissolved the LLC, as I knew they would.”

That may be true, but such an explanation does not account for not filing reports (or paying the requisite fees) for the five other years. Moyer was also previously notified in 2004 that he was delinquent in filing an annual report.

If a business owner wishes to dissolve their LLC, the state has an official form you are required by law to fill out. As the commission’s director of education and licensing, Bruce Moyer oversees the commission’s licensing process and has the authority to punish licencees who have failed to file required documents.

]]>http://watchdogwire.com/northcarolina/2014/12/05/this-government-body-oversees-real-estate-in-north-carolina-but-should-it/feed/0VIDEO: North Carolina Sheriff Talks About Amnesty in CSPOA Speechhttp://watchdogwire.com/northcarolina/2014/12/01/sam-page-amnesty-cspoa-september/
http://watchdogwire.com/northcarolina/2014/12/01/sam-page-amnesty-cspoa-september/#commentsMon, 01 Dec 2014 16:22:40 +0000http://watchdogwire.com/northcarolina/?p=2408We have a video of North Carolina sheriff Sam Page making a speech against amnesty at a CSPOA event in September.

]]>We have a video, brought to us by Mert Melfa, of North Carolina sheriff Sam Page making a speech against amnesty at a Constitutional Sheriffs and Peace Officers Association event in September. Page had also reached out to Sen. Marco Rubio (R-FL) and had been rebuffed and sandbagged in his attempts to stop general amnesty. He warned of the thousands of illegal migrants awaiting processing even as an amnesty bill passed the Senate. Video below:

]]>http://watchdogwire.com/northcarolina/2014/12/01/sam-page-amnesty-cspoa-september/feed/0ANALYSIS: NC Lt. Gov. Forest oversteps authority on Convention of Stateshttp://watchdogwire.com/northcarolina/2014/11/25/nc-did-lt-governor-overstep-duties-in-convention-of-states-matter/
http://watchdogwire.com/northcarolina/2014/11/25/nc-did-lt-governor-overstep-duties-in-convention-of-states-matter/#commentsTue, 25 Nov 2014 01:53:41 +0000http://watchdogwire.com/northcarolina/?p=2388Did Lt. Governor Dan Forest overstep his duties when he sent two North Carolina legislators to represent the state at a meeting on Convention of States?

]]>Where does the lieutenant governor find his authority to appoint delegates to an organization of volunteers, the Assembly of State Legislatures, which is not apart of our government structure under the U.S. Constitution?

A previous post questioned the one-sided series of “town hall style events” in North Carolina that NC Lieutenant Governor Dan Forest is holding on a Convention of States (COS).

Now there are questions about the process that the lieutenant governor used to further the calling of a Convention of States, and how the process was presented to the audience at the Greensboro, NC town hall on Oct. 28, 2014.

The lieutenant governor said he believes that through the years the federal government has taken over such a large role of governance that it has really pushed the states to the side.

In his opening remarks, he emphasized the importance of maintaining the balance of power our Founders provided, not only in the horizontal—the three branches of the federal government—but in the vertical—the state government and local governments keeping a check on the federal government.

Lt. Gov. Forest said, “So we are here today to talk about: What was that process that the Founding Father’s believed in? What does the Constitution really say about the separation of powers in America?”

He emphasized repeatedly that this is an “educational process.” He reassured the audience that “obviously, North Carolina wouldn’t get involved in anything that didn’t have a clear process outlined before we got going.”

In closing the meeting, he remarked, “There are a lot of people who are fearful of the (COS) process. We’ll continue to educate people and bring them along.”

Did the Lt. Governor Have the Right to Appoint Delegates?

Before keynote speaker Dr. Michael Farris, a major promoter for the Convention of States Project (COSP), gave his talk, NC Representative Bert Jones of Rockingham County spoke briefly about his experience as a delegate to Indianapolis, IN this past summer (June 12-13, 2014). The Indianapolis meeting was a follow-up meeting to the Mount Vernon, VA meeting (Dec. 7, 2013).

A “steering committee” invitation to all 50 states resulted in attendance by 100 legislators from 32 states. They met at the historical home of George Washington for the sole purpose of discussing a Convention of States.

Rep. Jones said, “Then we had a meeting in the summer back in Indianapolis and Lt. Gov. Forest sent myself and (Representative) Chris Millis. We were there to represent North Carolina. At that meeting we (the Mount Vernon Assembly) became the Assembly of State Legislatures (ASL).”

Rep. Jones also used the word “process.” He stated, “The purpose of that meeting was to discuss a bit more about the process. We didn’t talk about particular amendments which would be offered at such a convention – or anything like that. But the process.”

Reps. Jones and Millis were at the ad hoc meeting in Indianapolis to write the rules for a Convention of States “process” to stop federal overreach. In so doing, they missed casting a vote in the NC House chamber on an important amendment to a bill presented by Rep. Michael Speciale to stop an increase of federal power in North Carolina.

This brings us back to the question of “process,” especially as it applies to the North Carolina State Constitution. Rep. Jones told the audience that Lt. Gov. Forest appointed him and Rep. Millis as delegates to the Indianapolis meeting. Do these appointments fall within the constitutional duties of the NC Lieutenant Governor?

The Lieutenant Governor shall be President of the Senate, but shall have no vote unless the Senate is equally divided. He shall perform such additional duties as the General Assembly or the Governor may assign to him. He shall receive the compensation and allowances prescribed by law.

Office of the Lieutenant Governor is housed in Hawkins-Hartness House in Raleigh

If one interprets Section 6 correctly, the NC lieutenant governor is in the executive branch and also in the legislative branch. But his role in the legislative branch is limited. He presides over the Senate and breaks tie votes. He has no other part to play in the North Carolina Senate.

He can be assigned activities by the legislative branch or by the governor, for example to serve on boards and commissions. But it would really be a breach of ethics for the legislative branch to call on him to participate in pro-convention strategies when the constitution allows the lieutenant governor no part to play in the amending process.

Even Dr. Farris stated in his educational talk to the audience in Greensboro that the governors and lieutenant governors of the states have no role to play in the Article V amending process.

Moreover, under legitimate circumstances, NC House members are appointed by the NC House speaker. At the Greensboro town hall meeting, when asked under what authority he appointed Reps. Jones and Millis to go to Indianapolis, Forest replied, “I am the President of the Senate.”

If Lt. Gov. Forest’s appointment of the delegates was made under his authority in the legislative branch as the president of the Senate, where in the NC Constitution does it empower the president of the Senate to appoint NC House Representatives to anything? They are not state senators, they serve in the NC House of Representatives.

Is the Lt. Governor Stretching the Meaning of ‘Educational’?

Lt. Gov. Forest also repeatedly used the word “educational” at these town halls. Yes, the lieutenant governor is constitutionally placed on the NC State Board of Education and has other duties associated with education through the executive branch. But does an “educational seminar” on the COS at a grassroots town hall meeting have anything to do with the formal NC state education boards he is involved with at the executive level? Is it wordplay?

It is noteworthy that the ASL website states, “Through this process the states will naturally begin discussions on possible solutions, but it is only prudent to begin with putting rules and procedures in place that bring transparent integrity to the process that was specifically left to the states by our founders.”

If “transparent integrity” in the process is a mission statement that both the ASL and the lieutenant governor respect, he should welcome the opportunity to give the North Carolina people a clear and transparent statement regarding the integrity of the appointive process he used to send delegates from the NC House of Representatives to the ASL Indianapolis meeting.

The Convention of States could drastically change the U.S. Constitution as we know it. It would be incongruous for Lt. Gov. Forest and Reps. Jones and Millis to blur the lines between the separated branches in North Carolina government in order to correct the blurred lines between the separated branches of the federal government.

North Carolina’s elected state officials must be as meticulous about obeying the North Carolina Constitution as they are about obeying the U.S. Constitution. Otherwise, how could the people of North Carolina possibly trust them with the potentially risky venture of the Convention of States?

Featured image from Shutterstock; Image of Lt. Gov.’s Office from website; Image of Lt. Gov. Dan Forest from screenshot of video.

]]>http://watchdogwire.com/northcarolina/2014/11/25/nc-did-lt-governor-overstep-duties-in-convention-of-states-matter/feed/0Polling station judge shares inside view of election reformshttp://watchdogwire.com/northcarolina/2014/11/24/nc-polling-station-judge-shares-inside-view-of-election-reforms-commentary/
http://watchdogwire.com/northcarolina/2014/11/24/nc-polling-station-judge-shares-inside-view-of-election-reforms-commentary/#commentsMon, 24 Nov 2014 15:44:16 +0000http://watchdogwire.com/northcarolina/?p=2375As chief judge at a precinct in Raleigh this year, I had an inside view of North Carolina's election reforms.

]]>As chief judge at a precinct in Raleigh this year, I had an inside view of North Carolina’s election reforms. I covered the May primary, July run-off, and November midterm elections.

Several of the provisions in the law passed last year were implemented this time around such as reduction in the number of early voting days (but not number of hours), having to vote at your own precinct, and an end to same-day registration. And although the photo ID requirement was not yet in effect, great care was taken to educate and prepare voters for it in 2016.

When voting in person, typically the first stop is the registration table. After finding a voter’s Authorization to Vote (ATV) in the poll books, and before sending them along to get a ballot, poll workers were required to point out that photo identification will be required for 2016. We were instructed to ask each voter if they had one of eight forms of ID (Drivers License, Passport, Military ID, etc.), and invite those who do not to fill out an Acknowledgement of No Photo ID form.

The response to this was overwhelmingly in favor of the 2016 photo ID requirement. In my precinct, not one voter indicated that they did not already have at least one of the eight forms. Not a single person completed the No Photo ID form.

In fact, responses were very positive and ran along the lines of:

“It’s about time we had this.”

“Ridiculous that we haven’t always had to show ID to vote.”

“Have to have ID to cash a check or fly… I’m sure everybody already has one…”

I was especially proud of my team when they graciously thanked anyone who spontaneously offered their photo ID, as stories abound of poll workers scolding and snapping at voters who produce ID when not required.

Of course, there were a few who appeared to be opposed to voter ID, but I noticed a significant drop in the number of negative comments from the May primary to November. Solid arguments for protecting the integrity of every legal vote, plus polling that shows great support for photo ID requirements across the country, are finally overcoming unfounded, unsupported claims of voter suppression and hardship.

Occasionally, the Authorization to Vote (ATV) form that a voter picks up at the registration table indicates that the poll worker needs to see an ID before giving out a ballot. This is usually because the board of elections has not yet had the opportunity to verify this voter’s registration, and in no way prevents someone from voting if they can produce any one of dozens of forms of ID, including utility bills and bank statements (under the old law).

I handled one case where a young, first-time voter, who had registered on campus was very understanding—but her mother was not—when I explained that the best thing was for her to return with her ID. Mom got pretty heated, perhaps choosing to mistake this long-standing requirement for the new 2016 one, but more likely just looking to vent her opposition to our new election reforms; unfortunately at the expense of her daughter who was obviously embarrassed.

The requirement that people must now vote in their own precinct probably caused the most difficulty and confusion across the state on Nov. 4. In the past, things were pretty lax regarding out-of-precinct voting. Voters in the wrong location were allowed to cast a provisional ballot even though in many cases it was the wrong ballot based on their residential address. We had to transfer quite a few folks to their correct precinct, and all but a few were very understanding.

Making sure that folks are voting their correct ballot better serves not only candidates, but more importantly, their constituents, as this better represents the will of the people.

]]>Rev. William Barber, president of the NC NAACP, is in the progressive movement “for the long haul.” In a press conference in Durham, North Carolina two days after the November elections, the civil rights activist was not deterred by Republican victories, but vowed to stay the course and to hold Senator-elect Thom Tillis’ and Gov. Pat McCrory’s feet to the fire.

After verbalizing lofty predictions about being in “the embryonic stages of a third reconstruction,” Barber said his organization would be sending letters to the governor and newly elected senator with demands including the expansion of Medicaid.

Expanding Medicaid to hundreds of thousands more North Carolinians in low-income brackets would not only open the state to federal funding in the amount of $18 billion over the next ten years according to Sen. Ralph Hise, R-Spruce Pine, but the state would have to cover administrative costs to the tune of $2 billion per year. That’s a “50-50 split” said Hise.

Hise is a statistician by trade and is co-chairman of the state senate committee for Appropriations on Health and Human Services.

The left-leaning policy institute Robert Wood Johnson Foundation claimed in a study that the state would miss out on $51 billion from the federal government over ten years.

But Hise noted several concerns in expanding Medicaid to 400,000 more people here. From Citizen-Times:

Expansion starts with 100 percent funding for services and drops to 90 percent by 2020. But, Hise said, if the federal government changed the plan, the state could pay much more.

And, he said, expansion would make Medicaid the largest health insurance provider in the state — bigger even than Blue Cross Blue Shield.

Since its rates are lower than private insurance, that would be bad for the economy and health care, he said.

McCrory and Tillis have both said they would be open to looking into expanding Medicaid if economic conditions warrant it. However, according to Sarah Curry, fiscal analyst with the John Locke Foundation, expenditures for health and human services in the last ten years have overtaken the budget for education. That wouldn’t bode well for expansion since the state has been attempting to find more money for education reform.

Rev. Barber and the NC NAACP want the governor to spend more on Medicaid, but they don’t address the detrimental consequences.

]]>Hyatt Guns, in Charlotte, North Carolina, recently posted an ad for safes and vaults on their Facebook page as part of a Veterans Day promotion. Almost immediately, Facebook’s speech police swooped in and ripped the ad from Hyatt’s page.

The social networking giant asserts that since Hyatt sells guns, which are banned from Facebook, advertising for these other, innocuous products is also banned, although Facebook’s official policy does not seem to support that. Facebook seems concerned that clicking on a safe ad might lead to another click that could lead to another click that could lead to a gun advertisement somewhere else . . . or something like that. This is what Facebook’s representative had to say about it:

“You’re ad was rejected because it violated Ad Guidelines. Ads may not promote firearms, ammunition or weapons (ex: paintball guns, BB guns, knives, etc.)… This decision is final. Please consider this the end of our correspondence about this ad.”

This must be corporate Facebook’s version of “free and open dialogue.”

Facebook ‘Unlikes’ Gun Safety

It is so-called “gun safety” groups that initially pressured Facebook to ban certain discussions and images from its site, and certainly it’s safety that is used as the overall pretense for the site’s gun ban. With “safety” as cover for an anti-gun stance, it is then painfully ironic that Facebook has now banned a business from advertising products that are about nothing but gun safety. Safes are not weapons, so they do not violate Facebook’s policy. And clearly, the sole purpose of safes and vaults is to keep weapons out of the wrong hands—burglars, children, etc. This is the very definition of smart, responsible gun safety…

]]>http://watchdogwire.com/northcarolina/2014/11/18/gun-safety-items-off-limits-in-facebook-ads/feed/0Were Town Halls on the Convention of States One-Sided in North Carolina?http://watchdogwire.com/northcarolina/2014/11/13/nc-were-town-halls-on-convention-of-states-one-sided/
http://watchdogwire.com/northcarolina/2014/11/13/nc-were-town-halls-on-convention-of-states-one-sided/#commentsThu, 13 Nov 2014 14:04:35 +0000http://watchdogwire.com/northcarolina/?p=2347Lt. Governor Dan Forest of North Carolina is holding a series of “town hall style events” in promoting the message of the Convention of States Project.

]]>Lt. Governor Dan Forest of North Carolina is holding a series of “town hall style events” in promoting the message of the Convention of States Project (COSP), a non-profit organization that is aggressively lobbying the North Carolina legislature and other state legislatures to apply to Congress for an Article V Convention of States (COS).

Alarmed at the exponential increase of a centralized federal government, some conservatives have targeted Article V of the U.S. Constitution’s amending process to “limit” the size and actions of the federal government.

It is an age-old pattern of human response. When people reach a point of frustration and desperation they cry out, “We must do something – ANYTHING to stop the problem!” Then they rush impulsively into unknown territory. For example, when Americans felt that the health care system was in crisis, many said, “We must do something!” and we ended up with ObamaCare.

Never heard of a Convention of States? Most people haven’t, although many know the term “constitutional convention” in relation to the Convention of 1787 when the Founding Fathers created our U.S. Constitution. There has not been another “constitutional convention” since that time for fear that we do not have statesmen of the same intellectual and moral caliber today; and also because the brilliant principles of the 1787 document need only to be followed not ignored.

ARTICLE V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress….

But, once again, the question of human motivation and reasoning is raised.

The COSP, a Project of Citizens for Self-Governance founded by conservative grassroots activist Mark Meckler and attorney Dr. Michael Farris, is organizing a grassroots effort to halt federal overreach and abuse of power. COSP is urging the state legislatures to apply to Congress for a Convention of States so that the states can use Article V to amend the Constitution through a purely state-led and state-directed process.

In addition, well-funded advocates from the left that want to promote their particular concerns at the convention have joined the COSP.

It is noteworthy that at a time when conservatives and constitutionalists should be united to protect their liberties, the Convention of States is causing an emotional rift dividing them into two camps.

Supporters of a COS assure us that the new COS process is constitutional and safe.

Opponents, including the John Birch Society, Eagle Forum and individual constitutional scholars, say that the COS process is unconstitutional and unsafe.

Enter Lt. Gov. Dan Forest

On Oct. 7, 2014, the newsroom of the office of the lieutenant governor announced, “Lt. Governor Dan Forest will be joined by constitutional scholar Michael Farris at two upcoming town hall style events to discuss the many arguments for and against the Convention of States Project.” The announcement continued, “Lt. Governor Forest organized these events as a public service for the people of North Carolina.” (emphasis mine)

The first COS “town hall-style event” was held on Oct. 14, 2014 in Hendersonville, NC. The second was in Greensboro on Oct. 28, 2014. The formats of the two events were similar. Each had opening and closing remarks by the lieutenant governor and an “educational” talk by Dr. Michael Farris.

The Greensboro event was sponsored by Conservatives for Guilford County (C4GC). According to C4GC members, Lt. Gov. Forest approached C4GC to sponsor this program. It took place during the time-slot for C4CG’s usual monthly meeting.

The news release for the town halls stated that there was to be a discussion of “the many arguments for and against” the COS. But, when the meeting occurred, there were no formal speakers ‘against’ and only speakers ‘for’ a Convention of States.

In Greensboro, Rep. Bert Jones of Rockingham County took the podium to speak briefly about his experience last June as a delegate to an Indianapolis meeting regarding the COS. This was a follow-up meeting to the Mount Vernon meeting (Dec. 7, 2013), where 100 legislators from 32 states met at the historical home of George Washington in Virginia for the sole purpose of discussing the possibility of a Convention of States.

Rep. Jones and NC Rep. Chris Millis of Onslow and Pender Counties were at both meetings. Jones told the audience that Lt. Gov. Forest sent him and Rep. Millis to Indianapolis where the Mount Vernon Assembly then became the Assembly of State Legislatures (ASL).

Rep. Jones concluded, “One thing that is very important is that we build the grassroots effort. Contact your legislators. Contact your Representatives, your Senators. We need the support so we can pass this resolution [Art. V COS] in North Carolina.”

In Greensboro, Dr. Farris gave what he described as an “educational talk.” Dr. Farris is the founder of the Home School Legal Defense Association (HSLDA), founder of Patrick Henry College, a constitutional scholar, and a court attorney. He emphasized his credentials as an expert and spoke derisively about organizations and individuals who disagree that a Convention of States is the solution to federal overreach.

Dr. Farris told the audience that “time is running out” and that there is “no alternative” to calling for an Article V COS. He claimed that state “nullification” of federal laws is not practical and that the Constitutional Convention of 1787 was not a “runaway” convention as we were taught in school.

Farris also said that he is not at all afraid of the progressives and leftists who through funding by the wealthy elite, such as George Soros, are also pushing for a Convention of States to address their own issues. He said, given that we now have 27 Republican-led Houses in the United States, it would be extremely difficult for the progressives to get bad amendments ratified in 38 states.

For the Q&A session, Farris said, “When we get done with the questions, I would love for you to come help me because this is not just a discussion for the sake of discussion. This is an education so that you will help me get going.”

Also in the Q&A session, Farris attempted to dismiss any opposition or ambivalence to the COS that was expressed by the audience. His answers to the questions asked were long and winding. Although he got a standing ovation from the many in the audience, none of the questions asked indicated all-out support for a Convention of States.

Lt. Gov. Forest has insisted that the town halls are merely providing a public service for the people of North Carolina to learn about “the process” of amending the U.S. Constitution through a Convention of States.

It certainly would be his right as a private citizen to encourage others to attend an event that promotes a cause he believes in. The question is: Is it within the boundaries of his assigned duties under the North Carolina Constitution for the Lt. Governor of our state to use the authority of his office to present such “educational seminars;” especially when the only formal speakers are ‘for’ a Convention of States?

The Lt. Governor will hold no more town halls until 2015, after the North Carolina General Assembly convenes. But given the support the Lt. Governor gave to the Convention of States Project, it looks as if speakers who oppose a COS will have to find audiences on their own.

Featured image from Shutterstock; Dan Forest image from screenshot of video; Mike Farris image from sceenshot of video.

]]>http://watchdogwire.com/northcarolina/2014/11/13/nc-were-town-halls-on-convention-of-states-one-sided/feed/0James O’Keefe: Local Media Made All the Difference in Elections (video)http://watchdogwire.com/northcarolina/2014/11/12/james-okeefe-local-media-made-all-the-difference-in-elections-video/
http://watchdogwire.com/northcarolina/2014/11/12/james-okeefe-local-media-made-all-the-difference-in-elections-video/#commentsWed, 12 Nov 2014 17:15:18 +0000http://watchdogwire.com/northcarolina/?p=2340 James O’Keefe did an undercover video about possible vote fraud in several states including North Carolina and local media coverage drove election results.

Project Veritas’ James O’Keefe notes that his organization did an undercover video about possible vote fraud in Kentucky, and Democrat Senate challenger Alison Grimes went from a four-point poll lead to a 16-point loss.

In Arkansas, Democrat Mark Pryor was polling down seven points before a Project Veritas’ undercover video, and he lost by 17 points.

In Colorado, incumbent Democrat Mark Udall was trailing by a small margin but lost by three points after Project Veritas’ work in that state.

And in North Carolina, considered a tossup Senate seat in the 2014 race, Democrat incumbent Kay Hagan went from a two-point lead to a two-point loss to Republican Thom Tillis after videos released by Project Veritas.

So does the undercover work of guerrilla journalists like O’Keefe make a difference?

He thinks so, for several reasons, and so do others.

In an interview with WND/Radio America, O’Keefe explained local media outlets pay attention when there are allegations of vote fraud against their candidates, especially if there is video to back the claims.

“The local media makes all the difference. In all these races, Denver Post, Charlotte Observer, all these newspapers have covered the videos … showing that there is fraud, that these people are breaking the law. And I think that’s what makes the difference. It’s not about the national media now. It’s about the local media, and that’s where we often fight these battles.”

He said in the interview with Radio America’s Greg Corombos that his work simply is revealing the truth, not endorsing or campaigning.

“Bloomberg News had an article where they credited Veritas with making the difference in these close Senate races, but we did videos in North Carolina recently and as you point out, the attorney general was issued a complaint by the Republican Party,” O’Keefe said. “What’s remarkable is the local media coverage in these different states. After the campaign manager was fired last week after encouraging a noncitizen to vote – that was our undercover reporter posing as a noncitizen – every local TV station was at the press conference.

“So I really think it’s a new type of journalism that has prompted local media to pay attention while the nationals don’t care. I think the local media is where it counts. I think people are fed up with the idea of fraud. In Colorado, it wasn’t just them nodding their heads. In Colorado, the official actually identified a location where our undercover reporter could actually go to retrieve mail-in ballots in the trash. She said go to the ‘ghetto,’ was her word, and take the African-American and Mexican ballots because ‘they don’t care.’

“These are really outlandish statements that we caught on tape that I think shocked people. In North Carolina, it was a one or two-point differential that could have made the difference,” he said.

]]>The size of the defeat for the “education” sales tax referendum in Tuesday’s election likely surprised many in Mecklenburg County Tuesday night. Whether you supported it or opposed it, it’s doubtful too many thought the margin would be over 20 points (38.8 percent For, 61.2 percent Against).

As someone who longs for transparent and honest government, it was very disappointing and hard to watch how this sales tax referendum unfolded from beginning to end. There were several troubling aspects which, taken together, make it feel like it was the right thing that this did not pass.

Was this a process that had community buy-in from the start? No. The Chamber of Commerce and even the School Board were caught off guard when the County Commissioners decided to put the tax on the ballot in a split 5-4 vote, mostly along party lines.

Was a sales tax the best way to fund Charlotte Mecklenburg Schools salaries long term? No. It is too variable a revenue stream. What happens when the next economic downturn hits? Would those raises turn into pay cuts when sales tax revenue dips as it always does during a recession? Would the other organizations slated to receive funds from this tax face cuts to keep CMS salaries from falling? Too many outstanding questions were left unanswered.

Was the tax even a guaranteed source of revenue for education? No. While supporters of the tax claimed during the course of the debate that it would always be for education, the truth is that a future Board could have redirected this money to anything. This tax revenue would have been general revenue and not legally tied to education spending. The reason the ballot question on Tuesday did not mention education was that this was not an “education” tax. Those who supported the tax were anything but clear on this fact.

This last point came up at the candidate forum at River Run in Davidson. The candidates for NC House District 98 were asked whether or not they supported the tax increase. Republican John Bradford said he did not, citing this lack of a guarantee as his reason why. Democrat Natasha Marcus who supported the tax shot back that Bradford’s stance was a “dodge”. The truth is that Bradford was right.

But maybe the hardest thing to watch was how public institutions, targeted to benefit from this tax, danced right up to the line on what was legal for them to do in promoting its passage. On more than one occasion they did things which were questionable and possibly over the line while pushing for the tax. In addition to a small body of case law, there are two general statutes in North Carolina that govern what can and cannot be done by public institutions regarding elections – including referendums. One set of laws is about spending public money. The other is about “electioneering” around polling places.

G.S. 160A-499.3 states “a municipality shall not use public funds to endorse or oppose a referendum, election or a particular candidate for elective office.”

G.S. §163-166.4(a) states “No person or group of persons shall hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity in the voting place or in a buffer zone.”

At some point, both of these laws were bent well past their breaking point by our public institutions and officials, but since nobody will likely challenge them in court, nothing will be done about it. A cynic would say our public institutions know that they will not be challenged in an expensive court case, so they have no fear of stepping out of bounds when it suits their needs.

The library system and CMS created fliers that indirectly promoted passing the tax. They technically stayed within bounds and did not explicitly encourage voting for the tax. However, both fliers certainly implied bad things would happen if it did not pass. The Library was challenged on the placement of its fliers inside facilities that also served as early voting sites. To avoid running afoul of the electioneering law these were removed – a sign the library knew they were pushing the legal limits.

The Arts and Science Council and the Town of Davidson went even further. They both explicitly encouraged voting for the tax in materials they created. The ASC had multiple posts on its website encouraging people to vote for the tax. Davidson Mayor John Woods was encouraging the same in the town’s latest newsletter which came out late last week just prior to Election Day. It’s hard to see how the ASC’s actions do not break rules governing non-profits. The same could be said about Davidson’s use of a publicly funded newsletter to encourage passing the tax.

As County officials go back to the drawing board on the question of funding education, the size of this defeat as well as the actions of these institutions need to be taken into account when deciding how to do it. Using questionable, strong-arm tactics to raise revenue has proven not to work. Maybe now it’s time for Commissioners to figure out how to live within the County’s existing means.

It’s telling that Davidson precinct 206 was one of the few precincts where it succeeded (just barely). Overall it, still failed for the two town precincts, but Davidson was closer as a municipality than any other in Mecklenburg County.

Having the Mayor use public funds to tell everyone to go vote for something likely made the difference.

The original version of this article was published on Rick Short’s blog aShortChronicle.

]]>http://watchdogwire.com/northcarolina/2014/11/07/nc-questionable-tactics-in-education-sales-tax-campaign-commentary/feed/0Commentary: Tillis Wins Senate Racehttp://watchdogwire.com/northcarolina/2014/11/05/nc-tillis-wins-senate-race-commentary/
http://watchdogwire.com/northcarolina/2014/11/05/nc-tillis-wins-senate-race-commentary/#commentsWed, 05 Nov 2014 20:08:18 +0000http://watchdogwire.com/northcarolina/?p=2324The most vilified U.S. Senate candidate in America wins, while the most vilified state lawmaker in Western North Carolina loses.

]]>The most vilified U.S. Senate candidate in America wins, while the most vilified state lawmaker in Western North Carolina loses.

First, the U.S. Senate race

In a surprise upset, North Carolina House Speaker Thom Tillis (R) beat incumbent Democratic Sen. Kay Hagan. There was no other candidate in a U.S. Senate race that had more money dumped on them than Tillis.

It was the most expensive Senate race in American history, and the Republican challenger bore the brunt of that funding.

Of course that doesn’t include the media coverage he got from the NC media establishment—that seemed all to happy to make the race a referendum on state education funding instead of national concerns.

As ABC News reports, low Democratic voter turnout and her close alignment with President Obama—who has an unpopularity rating nearly equal to George W. Bush’s.

Just 36 percent of those voting are Democrats, the fewest in North Carolina Senate exit polls since 1984 and down from 42 percent when Kay Hagan (D) was elected in 2008. The number of independents is at 30 percent — the highest level on record.

While 38 percent of voters are very worried about the economy, that’s down 15 points from 2008.

In other words, it was dissatisfaction with the President and the state of the economy that did Hagan in.

This might come as a shock… but abortions and birth control access were not motivating issues for voters.

And with historic gains among GOP women last night, I suspect the “War on Women” stupidity might finally be put to rest.

Progressives smite the evil Moffitt

North Carolina House District 116 Republican Tim Moffitt has long been the focus of Democrats’ loathing and rage. Moffitt, for his part, has often enjoyed tweaking Asheville Progressives.

There were a lot of people really motivated to vote him out. Even those who could not vote in the race were happy to spend hundreds of thousands of dollars to help Brian Turner unseat him.

They got a large bit of help from the leftwing environmental group The League of Conservation Voters.

The N.C. League of Conservation Voters, the political arm of the state’s environmental movement, says it is spending $515,000 to air television advertisements criticizing state Reps. Tim Moffitt, Michele Presnell and Nathan Ramsey.

The ads call the three “big utility buddies” for their votes on legislation affecting Duke Energy and the cleanup of its coal ash ponds and dumps.

Environmentalists say the coal ash legislation passed by the General Assembly in August preempted a more rapid response that would have come via the courts and the state regulatory process. They complain that it will be 2029 before some of Duke’s coal ash sites are cleaned up.

It should be noted, Duke Energy is a major donor to National Public Radio and paid millions of dollars to help the Democratic National Convention in Charlotte (where the energy giant is headquartered).

It should also be noted, Democrats routinely exempted coal ash ponds from state regulations when they controlled the General Assembly.

And, as a comparison, the cost of this ad buy was as roughly equivalent to the amount each of two candidates raised.

Rep. Nathan Ramsey says this barrage of negative advertising also led to his defeat in House District 115.

But in the end, I suspect Moffitt’s defeat had more to do with him than the funding deficit. Truth be told, he enjoyed politically provoking Asheville leftists.

And they were able to mobilize against him. In the end he lost by 963 votes, or 3.78 percent of the vote.